Flood Risk Disclosure - Model State Requirements for Flood Risk Disclosure during Real Estate Transactions

Flood Risk Disclosure

Model State Requirements for Disclosing Flood Risk

During Real Estate Transactions

July 11, 2022

State Flood Risk Disclosure Best Practices

For Public Release i

Table of Contents

1. Disclosing Flood Risk Helps Protect Life and Property ............................................................ 1

1.1. Intended Audience .......................................................................................................... 1

1.2. Intended Use ................................................................................................................... 1

2. Models for Strong State Flood Risk Disclosure Requirements ............................................... 1

2.1. Summary Flood Risk Disclosure Requirements Found in State Disclosure Laws and

Forms ............................................................................................................................... 2

2.2. Detailed Examples from States with Strong Flood Risk Disclosure Requirements .... 3

2.2.1. Louisiana ........................................................................................................................ 4

2.2.2. Texas ............................................................................................................................... 6

2.2.3. South Carolina ................................................................................................................ 8

2.2.4. Mississippi ...................................................................................................................... 9

2.2.5. Delaware ...................................................................................................................... 10

Appendix A. Analysis of the Relationship Between State Flood Risk Disclosure Requirements and

Flood Insurance Penetration Rates .............................................................................. 12

Appendix B: Analysis of State Flood Risk Disclosure Requirements ........................................... 16

Appendix C: All State Statutes and Mandatory Disclosure Forms ............................................... 19

State Flood Risk Disclosure Best Practices

For Public Release 1

1. Disclosing Flood Risk Helps Protect Life and Property

Floods are costly to homeowners – a single inch of flooding can cost up to $25,000.

For an

uninsured homeowner, a flood can be devastating. Knowing the risk of flooding is the first step

toward adequately protecting lives and property. That knowledge can help individuals, families, and

communities.

Disclosing flood risk information during real estate transactions is a timely and effective way to

enable homeowners to make better risk-informed investment decisions. Currently, no federal

statutes require property sellers to disclose information about flood risk or prior flood damage.

However, states can take action to protect home buyers in their state by enacting laws and

implementing practices that require disclosure of flood risk. In fact, states with strong flood risk

disclosure requirements often also have higher rates of residential flood insurance uptake.

When

more at-risk individuals and families are covered by a flood insurance policy, communities can

recover more quickly and more fully after floods.

As of the date of publication, 35 states have enacted some form of legal or regulatory mechanism

requiring property sellers to disclose factors related to flood risk about their property. This guide

identifies states with the strongest flood risk disclosure requirements and provides a selection of

their laws and disclosure forms as models for use in introducing or strengthening a state’s real

estate disclosure requirements.

1.1. Intended Audience

This guide is primarily intended for use by technical flood risk experts and by elected and career

officials responsible for legislative action at the state and territory level. It might also be consulted by

all others interested in flood risks and their disclosure.

1.2. Intended Use

This guide helps its intended audience develop or refine existing state laws and/or real estate

disclosure forms to strengthen their state’s flood risk disclosure mechanisms.

2. Models for Strong State Flood Risk Disclosure

Requirements

States often enact real estate disclosure laws. Such laws require written statements from a seller

that disclose any facts about the property that are material to its value, such as prior flood damage

and flood risk. To implement real estate disclosure laws, states may mandate the use of official

disclosure forms to guide and standardize disclosure statements that must accompany real estate

https://www.floodsmart.gov/cost-flooding.

See Appendix A for the method used to analyze the relationship between state flood risk disclosure requirements and

statewide residential flood insurance penetration.

State Flood Risk Disclosure Best Practices

For Public Release 2

transactions, often at the time of offer. These disclosure forms frequently include specific

disclosures related to flood risk. The relevant disclosures may make real estate markets work better,

because mandatory disclosure can promote informed choices.

On June 7

, 2022, FEMA conducted and finalized a review and analysis of state real estate

disclosure laws and mandated disclosure forms. A state-by-state view of the flood risk disclosure

requirements that FEMA found is included in Appendix B and Appendix C of this document. The

insights from this review and analysis are summarized in the subsequent sections.

2.1. Summary Flood Risk Disclosure Requirements Found in State

Disclosure Laws and Forms

The following 10 flood risk disclosures are commonly found in state disclosure laws and/or legally

mandated disclosure forms. These include disclosures of:

1. Whether the property is in a flood hazard area and/or the Federal Emergency Management

Agency (FEMA) Flood Zone in which the property is located

2. A federal requirement to purchase flood insurance at the property

3. The presence of an active flood insurance policy for the property

4. The current cost of flood insurance premiums for the property

5. Previous flood events and/or flood-related property damage

6. Any past flood insurance claims

7. Past flood insurance claim dates and amounts

8. Any past disaster-related aid provided (federal, state, or local)

9. Past disaster-related aid dates and amounts

10. Other related disclosures (e.g., elevation certificates, areas subject to inundation, etc.)

Figure 1 shows the distribution of these 10 state disclosure laws and implementation practices

across the states. Some states explicitly require four or more flood risk disclosures, while others

explicitly require fewer than that, and imply one or more of such disclosures. Several states do not

legally require sellers to disclose a property’s flood risk information at all.

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For Public Release 3

Figure 1: Number of Mandated Flood Risk Disclosures by State

Among the 35 states that legally require flood risk disclosures, the most common disclosures are:

1) whether the property has experienced past flood damage or has flooding problems and 2)

whether the property is located in a FEMA-designated SFHA or flood zone. The least common state-

mandated flood risk disclosures relate to whether the property has received flood insurance claim

payments and/or received other disaster aid as a result of past flood damage. Some states also

mandate other types of flood-related disclosures such as whether the property is considered a

“Repetitive Loss Property” by the NFIP or is located in a dam inundation area.

2.2. Detailed Examples from States with Strong Flood Risk Disclosure

Requirements

Several states have mandated multiple flood risk disclosures as part of their laws and/or disclosure

forms. As illustrated in dark blue in Figure 2 below, five states (Louisiana, Texas, South Carolina,

Mississippi, and Delaware) have the most flood risk disclosure requirements.

Figure 2: The Strength of State Flood Risk Disclosure Requirements Across the Nation

State Flood Risk Disclosure Best Practices

For Public Release 4

The following subsections highlight these states’ approaches. Appendix C provides the state statutes

and links to state mandated disclosure forms.

For each state model, the following symbols are used to illustrate how the state’s law or

disclosure form addresses the 10 flood risk disclosure types:

 Explicitly required

P Partially required or implied

 Not required

2.2.1. LOUISIANA

As set forth in Louisiana Revised Statute § 9:3196-3200, a seller of residential real property must

furnish buyers with a Property Disclosure Document. The state of Louisiana requires sellers to use

the form promulgated by the Louisiana Real Estate Commission or another form that contains

substantially the same information.

Flood risk disclosures required in the state’s law and/or mandatory disclosure form:

 Location of the property in a flood hazard area and/or the FEMA Flood Zone (e.g., A, V, X) in

which the property is located

 A federal requirement to purchase flood insurance at the property

 The presence of an active flood insurance policy for the property

 The current cost of flood insurance premiums for the property

 Previous flood events and/or flood-related property damage

 Any past flood insurance claims

 Past flood insurance claim dates and amounts

 Any past disaster-related aid provided (federal, state, or local)

 Past disaster-related aid dates and amounts

 Other related disclosures (e.g., elevation certificates)

Flood Risk Disclosure Questions Contained in Louisiana’s Mandated Disclosure Form

(1) Has any flooding, water intrusion, accumulation, or drainage problem been

experienced with respect to the land: (a) during the time the SELLER owned the

property? Y N If yes, indicate the nature and frequency of the defect at the end of

this section. (b) prior to the time the SELLER owned the property?

[ ]Y [ ]N [ ]UNK

If yes, indicate the nature and frequency of the defect at the end of this section.

(2) Has any structure on the property ever flooded, by rising water, water intrusion

or otherwise?

a. during the time the SELLER owned the property?

[ ]Y [ ]N

State Flood Risk Disclosure Best Practices

For Public Release 5

b. prior to the time the SELLER owned the property?

[ ]Y [ ]N [ ]UNK

If yes, give the nature and frequency of the defect at the end of this section.

(3) What is/are the flood zone classification(s) of the property? __________ What is the

source and date of this information? Check all that apply.

[ ] Survey / Date _________

[ ] Elevation Certificate / Date

[ ] Other / Date

[ ] FEMA Flood Map - https://msc.fema.gov/portal or https://www.floodsmart.gov/flood-

map-zone/find-yours

Other: _____________________________

(4) SPECIAL FLOOD HAZARD AREAS. If the property is located within a designated

special flood hazard area on a map prepared by the Federal Emergency

Management Agency, the federal law (42 U.S.C. § 4104a, et seq.), mandates that

prospective purchasers be advised that flood insurance may be required as a

condition of obtaining financing. Is the property within a designated special flood

hazard area?

[ ]Y [ ]N

(5) Is there flood insurance on the property?

[ ]Y [ ]N

IF YES, A COPY OF THE POLICY DECLARATIONS PAGE SHALL BE ATTACHED AND BECOME

PART OF THIS PROPERTY DISCLOSURE DOCUMENT.

(6) Does SELLER have a flood elevation certificate that will be shared with BUYER?

[ ]Y [ ]N

(7) Has the SELLER made a private flood insurance claim for this property?

[ ]Y [ ]N [ ]UNK

a. If YES, was the claim approved?

[ ]Y [ ]N [ ]UNK

b. If YES, what was the amount received? _________________

(8) Did the previous owner make a private flood insurance claim for this property?

[ ]Y [ ]N [ ]UNK

a. If YES, was the claim approved?

[ ]Y [ ]N [ ]UNK

b. If YES, what was the amount received? _________________________

(9) Has the SELLER made an NFIP claim for this property?

[ ]Y [ ]N [ ]UNK

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a. If YES, was the claim approved?

[ ]Y [ ]N [ ]UNK

b. If YES, what was the amount received? ________________

(10) Did the previous owner make an NFIP claim for this property?

[ ]Y [ ]N [ ]UNK

a. If YES, was the claim approved?

[ ]Y [ ]N [ ]UNK

b. If YES, what was the amount received? ________________

(11) FLOOD DISASTER INSURANCE. If the SELLER or previous owner has previously

received federal flood disaster assistance and such assistance was conditioned

upon obtaining and maintaining flood insurance on the property, federal law, i.e.,

42 U.S.C. § 5154a, mandates that prospective purchasers be advised that they will

be required to maintain insurance on the property and that if insurance is not

maintained and the property is thereafter damaged by a flood disaster, the

purchaser may not be eligible for additional Federal flood disaster assistance. To

the best of the SELLER’s knowledge, has federal flood disaster assistance been

previously received with regard to the property?

[ ]Y [ ]N [ ]UNK

a. If YES, from which federal agency (e.g., FEMA, SBA)? ____________________________

b. If YES, what was the amount received? ________________________________________

c. If YES, what was the purpose of the assistance (e.g., elevation, mitigation, restoration)?

__________________________________________________________________________.

2.2.2. TEXAS

As set forth in Texas Property Code § 5.008, the state of Texas requires sellers to provide written

notice of a property’s condition to the purchaser and mandates the use of an official disclosure form

developed by the Texas Real Estate Commission.

Flood risk disclosures required in the state’s law and/or mandatory disclosure form:

 Location of the property in a flood hazard area and/or the FEMA Flood Zone (e.g., A, V, X) in

which the property is located

P A federal requirement to purchase flood insurance at the property

 The presence of an active flood insurance policy for the property

 The current cost of flood insurance premiums for the property

 Previous flood events and/or flood-related property damage

 Any past flood insurance claims

P Past flood insurance claim dates and amounts

 Any past disaster-related aid provided (federal, state, or local)

P Past disaster-related aid dates and amounts

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 Other related disclosures (e.g., elevation certificates, etc.)

Flood Risk Disclosure Questions Contained in Texas’s Mandated Disclosure Form

(1) Are you (Seller) aware of any of the following conditions*? Write Yes (Y) if you

are aware, write No (N) if you are not aware.

______ Present flood insurance coverage

______ Previous flooding due to a failure or breach of a reservoir or a controlled or

emergency release of water from a reservoir

______ Previous water penetration into a structure on the property due to a natural flood

event

(2) Write Yes (Y) if you are aware, and check wholly or partly as applicable, write No

(N) if you are not aware.

______ Located [ ] wholly or [ ] partly in a 100-year floodplain (Special Flood Hazard Area-

Zone A, V, A99, AE, AO, AH, VE, or AR)

______ Located [ ] wholly or [ ] partly in a 500-year floodplain (Moderate Flood Hazard

Area-Zone X (shaded))

______ Located [ ] wholly or [ ] partly in a floodway

______ Located [ ] wholly or [ ] partly in a flood pool

______ Located [ ] wholly or [ ] partly in a reservoir

If the answer to any of the above is yes, explain (attach additional sheets if necessary):

_____________________________________________________________________________

*For purposes of this notice:

"100-year floodplain" means any area of land that:

(A) is identified on the flood insurance rate map as a special flood hazard area, which

is designated as Zone A, V, A99, AE, AO, AH, VE, or AR on the map;

(B) has a one percent annual chance of flooding, which is considered to be a high risk

of flooding; and

“500-year floodplain” means any area of land that:

(A) is identified on the flood insurance rate map as a moderate flood hazard area,

which is designated on the map as Zone X (shaded); and

(B) has a two-tenths of one percent annual chance of flooding, which is considered to

be a moderate risk of flooding.

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“Flood pool” means the area adjacent to a reservoir that lies above the normal

maximum operating level of the reservoir and that is subject to controlled inundation under

the management of the United States Army Corps of Engineers.

“Flood insurance rate map” means the most recent flood hazard map published by the

Federal Emergency Management Agency under the National Flood Insurance Act of 1968

(42 U.S.C. Section 4001 et seq.).

“Floodway” means an area that is identified on the flood insurance rate map as a

regulatory floodway, which includes the channel of a river or other watercourse and the

adjacent land areas that must be reserved for the discharge of a base flood, also referred to

as a 100-year flood, without cumulatively increasing the water surface elevation of more

than a designated height.

“Reservoir” means a water impoundment project operated by the United States Army

Corps of Engineers that is intended to retain water or delay the runoff of water in a

designated surface area of land.

(3) Have you (Seller) ever filed a claim for flood damage to the property with any

insurance provider, including the National Flood Insurance Program (NFIP)*?

[ ] Yes [ ] No.

If yes, explain (attach additional sheets as necessary):

_________________________________________________________________________

*Homes in high risk flood zones with mortgages from federally regulated or insured lenders

are required to have flood insurance. Even when not required, the Federal Emergency

Management Agency (FEMA) encourages homeowners in high risk, moderate risk, and low

risk flood zones to purchase flood insurance that covers the structure(s) and the personal

property within the structure(s).

(4) Have you (Seller) ever received assistance from FEMA or the U.S. Small Business

Administration (SBA) for flood damage to the property?

[ ] Yes [ ] No.

If yes, explain (attach additional sheets as necessary):

_________________________________________________________________________

2.2.3. SOUTH CAROLINA

As set forth in the South Carolina Code § 27-50-40, an owner of residential real property must

provide a written and signed disclosure statement prior to forming a real estate contract. South

Carolina mandates the use of an official form promulgated by the state’s commission.

Flood risk disclosures required in the state’s law and/or mandatory disclosure form:

 Location of the property in a flood hazard area and/or the FEMA Flood Zone (e.g., A, V, X) in

which the property is located

P A federal requirement to purchase flood insurance at the property

 The presence of an active flood insurance policy for the property

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 The current cost of flood insurance premiums for the property

 Previous flood events and/or flood-related property damage

 Any past flood insurance claims

 Past flood insurance claim dates and amounts

 Any past disaster-related aid provided (federal, state, or local)

 Past disaster-related aid dates and amounts

 Other related disclosures (e.g., elevation certificates, proof of mitigation)

Flood Risk Disclosure Questions Contained in South Carolina’s Mandated Disclosure

Form

As owner, do you have any actual knowledge or notice concerning the following:

(1) Problems caused by fire, smoke, or water to the property during your ownership

[ ]Yes [ ]No [ ]No Representation

(2) Flood hazards, wetlands, or flood hazard designations affecting the property

[ ]Yes [ ]No [ ]No Representation

(3) Flood insurance covering the property

[ ]Yes [ ]No [ ]No Representation

(4) Federal Emergency Management Agency (FEMA) claims filed on the property

[ ]Yes [ ]No [ ]No Representation.

a. If yes , please list the dates of all claims: _____________________________________

2.2.4. MISSISSIPPI

As set forth in Mississippi State Code §89-1-507 through §89-1-527, sellers are required to provide

a written property condition disclosure statement to buyers. The state mandates the use of an

official Property Condition Disclosure Statement (PCDS) form.

Flood risk disclosures required in the state’s law and/or mandatory disclosure form:

 Location of the property in a flood hazard area and/or the FEMA Flood Zone (e.g., A, V, X) in

which the property is located

 A federal requirement to purchase flood insurance at the property

 The presence of an active flood insurance policy for the property

 The current cost of flood insurance premiums for the property

 Previous flood events and/or flood-related property damage

 Any past flood insurance claims

 Past flood insurance claim dates and amounts

 Any past disaster-related aid provided (federal, state, or local)

 Past disaster-related aid dates and amounts

 Other related disclosures (e.g., elevation certificates)

State Flood Risk Disclosure Best Practices

For Public Release 10

Flood Risk Disclosure Questions Contained in Mississippi’s Mandated Disclosure

Form

(1) Are you aware if any portion of the Property (including a part of the site) is

currently located in or near a FEMA Designated Flood Hazard Zone?

Yes _____ No _____ Unknown _____.

If "YES", please indicate the source of your information and the current Map Number used

to determine the Flood Zone _____________________________________________________.

(2) Is Flood Insurance currently required on the Property?

Yes _____ No _____.

If "YES", please indicate the amount of the premium currently being paid and when the

premium was last adjusted _______________________________________________.

(3) FOR ANY REASON, past or present, has any portion of the interior of the Property

ever suffered water damage or moisture related damage which was caused by

flooding, lot drainage, moisture seepage, condensation, sewer overflow, sewer

backup, leaking or broken water pipes (during or after construction) pipe

fittings, plumbing fixtures, leaking appliances, fixtures or equipment?

Yes _____ No _____.

If "YES", please describe, to your knowledge, the nature of the problems and what steps

were taken to remedy the problems _____________________________________________________.

2.2.5. DELAWARE

As set forth in 6 Del C. § 2572 and § 2573, the state of Delaware requires sellers of residential

property to disclose all material defects of the property in writing. Sellers are required to use an

official form promulgated by the Delaware Real Estate Commission.

Flood risk disclosures required in the state’s law and/or mandatory disclosure form:

 Location of the property in a flood hazard area and/or the FEMA Flood Zone (e.g., A, V, X) in

which the property is located

P A federal requirement to purchase flood insurance at the property

 The presence of an active flood insurance policy for the property

 The current cost of flood insurance premiums for the property

 Previous flood events and/or flood-related property damage

P Any past flood insurance claims

 Past flood insurance claim dates and amounts

 Any past disaster-related aid provided (federal, state, or local)

 Past disaster-related aid dates and amounts

 Other related disclosures (e.g., elevation certificates, proof of mitigation)

State Flood Risk Disclosure Best Practices

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Flood Risk Disclosure Questions Contained in Delaware’s Mandated Disclosure Form

(1) Is any part of the property located in (____ a flood zone) and / or (____ a wetlands

area)?

[ ]Y [ ]N [ ]UNK [ ] N/A

(2) Are there any drainage or flood problems affecting the property? If Yes,

describe.

[ ]Y [ ]N [ ]UNK [ ] N/A

(3) Do you carry flood insurance? Agent: __________________ Policy # _________________

[ ]Y [ ]N [ ]UNK [ ] N/A

a. If Yes, what is the annual cost of this policy? ___________________________________________

(4) Have you made any insurance claims on the property in the past 5 years? If Yes,

describe.

[ ]Y [ ]N [ ]UNK [ ] N/A

(5) Does the property have standing water in front, rear, or side yards for more

than 48 hours after raining?

[ ]Y [ ]N [ ]UNK [ ] N/A

State Flood Risk Disclosure Best Practices

For Public Release 12

Appendix A. Analysis of the Relationship Between State

Flood Risk Disclosure Requirements and Flood Insurance

Penetration Rates

In preparing this document, FEMA performed a linear regression analysis to understand the

relationship between (1) the strength of state flood disclosure laws and (2) statewide residential

NFIP flood insurance penetration rates. Flood insurance penetration is expressed as the percentage

of residential structures that are covered by a flood insurance policy contract. Flood insurance

penetration is an important indicator of risk reduction and resilience as households with flood

insurance are able to recover quickly and more fully from flood events.

1. To calculate a value for the strength of state flood disclosure laws:

o The number of explicitly required and partially required flood disclosures were identified.

o Explicit flood-related disclosure requirements were given a value of 1; partial or implied

requirements were given a value of 0.5.

‒ All flood-related disclosure requirements were weighted equally for the purposes of this

analysis. However, without further study, it should not be assumed that each individual

requirement has an equal relationship (if any) with flood insurance penetration rates.

o Assigned values were totaled to arrive at a score for each state. Appendix B provides more

detail and the scores for each state.

2. To calculate a value for the statewide residential NFIP flood insurance penetration rate: The total

number of NFIP Contracts in Force (CIFs) in the state was divided by the estimated number of

residential structures in the state.

o The total number of NFIP CIFs in the state was obtained from FEMA’s PIVOT system (as of

May 16, 2022).

o The estimated number of residential structures in the state was created with the U.S. Army

Corp of Engineers (USACE) National Structure Inventory 2.0 (NSI 2.0) as of May 16, 2022.

The NSI 2.0 is based on a combination of the following data sources:

‒ HAZUS dasymetric general building stock data

‒ Microsoft (Bing) building outlines

‒ CoreLogic Homeland Infrastructure Foundation-Level Data (HIFLD) parcel data

‒ Other non-public USACE structure data

As illustrated in Figure 3, a moderate positive correlation is observed between the two variables, with

a correlation coefficient of 0.6069, R

value of 36.84%, and P value of <0.00001. This can be

interpreted as statistically significant and demonstrates that stronger flood risk disclosure

requirements are associated with higher residential flood insurance penetration rates. However,

there is opportunity for more detailed studies to further explore the relationship.

State Flood Risk Disclosure Best Practices

For Public Release 13

State

(Ordered from Highest

to Lowest Flood

Insurance Penetration

Rate)

Number of

Residential

Flood

Insurance

Contracts in

Force

Statewide as

of 5/16/2022

Total Number

of Residential

Structures in

the State as of

5/16/2022

Statewide

Residential

Flood

Insurance

Penetration

Rate as of

5/16/2022

Number of State-

Mandated Flood

Risk Disclosure

Requirements

Louisiana 433,999 1,608,997 26.97% 10

Florida 918,865 6,639,340 13.84% 0

Texas 665,093 7,739,891 8.59% 8

South Carolina 133,011 1,639,147 8.11% 5.5

Delaware 16,735 331,944 5.04% 5

New Jersey 125,929 2,612,768 4.82% 2.5

Mississippi 49,629 1,184,768 4.19% 5

Hawaii 11,778 288,704 4.08% 1.5

North Dakota 6,496 196,037 3.31% 3

New York 120,338 4,154,901 2.90% 2

North Carolina 106,631 3,735,018 2.85% 1.5

Virginia 76,164 3,035,188 2.51% 2

Rhode Island 7,675 321,035 2.39% 3.5

Connecticut 20,770 1,040,742 2.00% 1.5

Georgia 63,388 3,233,526 1.96% 0

Massachusetts 33,546 1,734,690 1.93% 0

State Flood Risk Disclosure Best Practices

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State

(Ordered from Highest

to Lowest Flood

Insurance Penetration

Rate)

Number of

Residential

Flood

Insurance

Contracts in

Force

Statewide as

of 5/16/2022

Total Number

of Residential

Structures in

the State as of

5/16/2022

Statewide

Residential

Flood

Insurance

Penetration

Rate as of

5/16/2022

Number of State-

Mandated Flood

Risk Disclosure

Requirements

Maryland 32,374 1,874,568 1.73% 1.5

Alabama 29,922 1,778,757 1.68% 0

California 154,391 9,367,440 1.65% 3

West Virginia 9,864 673,357 1.46% 0

Oregon 17,784 1,293,153 1.38% 2.5

Vermont 2,328 172,304 1.35% 0

New Mexico 9,179 679,480 1.35% 0

Kentucky 14,737 1,261,103 1.17% 2.5

Maine 5,335 478,758 1.11% 0

Washington 23,807 2,251,543 1.06% 2.5

District of Columbia 1,228 116,432 1.05% 1

Arkansas 10,499 1,025,776 1.02% 0

Nebraska 6,335 626,143 1.01% 3

New Hampshire 4,343 446,415 0.97% 0

Nevada 8,336 894,349 0.93% 2

Tennessee 20,248 2,217,557 0.91% 2.5

South Dakota 2,342 258,009 0.91% 3

Pennsylvania 35,809 4,134,248 0.87% 2

Arizona 20,606 2,384,574 0.86% 1.5

Iowa 7,622 923,321 0.83% 2

Montana 3,185 396,447 0.80% 0

Alaska 1,601 206,522 0.78% 3

Idaho 4,096 534,067 0.77% 0.5

Oklahoma 9,286 1,299,494 0.71% 4.5

Illinois 23,901 3,454,545 0.69% 3

Kansas 6,376 924,457 0.69% 0

Colorado 11,629 1,728,488 0.67% 2.5

Indiana 14,296 2,225,316 0.64% 3.5

Missouri 12,701 2,030,324 0.63% 0

State Flood Risk Disclosure Best Practices

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State

(Ordered from Highest

to Lowest Flood

Insurance Penetration

Rate)

Number of

Residential

Flood

Insurance

Contracts in

Force

Statewide as

of 5/16/2022

Total Number

of Residential

Structures in

the State as of

5/16/2022

Statewide

Residential

Flood

Insurance

Penetration

Rate as of

5/16/2022

Number of State-

Mandated Flood

Risk Disclosure

Requirements

Wyoming 1,243 208,979 0.59% 0

Wisconsin 8,855 1,607,624 0.55% 2.5

Ohio 19,564 3,866,063 0.51% 2.5

Michigan 15,041 3,074,234 0.49% 2.5

Minnesota 5,924 1,679,763 0.35% 0

Utah 2,479 825,682 0.30% 0

Puerto Rico 2,023 Unavailable Not Calculated 0

U.S. Virgin Islands 707 Unavailable Not Calculated 0

Figure 3 The Relationship Between State Flood Risk Disclosures and Residential Flood

Insurance Penetration Rates

State Flood Risk Disclosure Best Practices

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Appendix B: Analysis of State Flood Risk Disclosure

Requirements

For the purposes of identifying states with the strongest flood risk disclosure mechanisms (shown in

Figure 2), each state was scored against how many of the 10 flood disclosures were present in the

state law or disclosure form. Explicit requirements count one point; partial or implied requirements

are a half point. The last column shows the total scores, which inform the graduated bars on Figure 1

and the shading in the map on Figure 2.

Table 1: Analysis and Scoring of State Flood Disclosure Mechanisms

0 Not Required

0.5 Partially Required or Implied 1 Explicitly Required

State

Whether the property is in a flood hazard

area and/or the FEMA Flood Zone

A federal requirement to purchase flood

insurance at the property

The presence of an active flood

insurance policy for the property

The current cost of flood insurance

premiums for the property

Previous flood events and/or flood

property damage

Any past flood insurance claims

Past flood insurance claim dates and

amount of damage

Any past disaster

related aid provided

Past disaster

related aid dates and

amounts

Other related disclosures (e.g., elevation

certificates)

Strength of Flood Risk Disclosure

Requirements

Alabama

Alaska

1 0.5 1 0.5

Arizona

1 0.5

1.5

Arkansas

California

1 0.5 0.5 1

Colorado

1 0.5 1

2.5

Connecticut

1 0.5

1.5

Delaware

1 0.5 1 1 1 0.5

District of Columbia

Florida

Georgia

Hawaii

1 0.5

1.5

Idaho

0.5

Illinois

1 0.5 1 0.5

Indiana

1 0.5 1 1

3.5

State Flood Risk Disclosure Best Practices

For Public Release 17

State

Whether the property is in a flood hazard

area and/or the FEMA Flood Zone

A federal requirement to purchase flood

insurance at the property

The presence of an active flood

insurance policy for the property

The current cost of flood insurance

premiums for the property

Previous flood events and/or flood

property damage

Any past flood insurance claims

Past flood insurance claim dates and

amount of damage

Any past disaster

related aid provided

Past disaster

related aid dates and

amounts

Other related disclosures (e.g., elevation

certificates)

Strength of Flood Risk Disclosure

Requirements

Iowa

1 0.5 0.5

Kansas

Kentucky

1 1 0.5

2.5

Louisiana

1 1 1 1 1 1 1 1 1 1

Maine

Maryland

1 0.5

1.5

Massachusetts

Michigan

0.5 1 1

2.5

Minnesota

Mississippi

1 1 1 1 1

Missouri

Montana

Nebraska

1 0.5 1 0.5

Nevada

1 0.5 0.5

New Hampshire

New Jersey

1 0.5 1

2.5

New Mexico

New York

1 0.5 0.5

North Carolina

1 0.5

1.5

North Dakota

1 0.5 1 0.5

Ohio

1 0.5 1

2.5

Oklahoma

1 1 1 1 0.5

4.5

Oregon

1 0.5 1

2.5

Pennsylvania

1 0.5 0.5

Puerto Rico

State Flood Risk Disclosure Best Practices

For Public Release 18

State

Whether the property is in a flood hazard

area and/or the FEMA Flood Zone

A federal requirement to purchase flood

insurance at the property

The presence of an active flood

insurance policy for the property

The current cost of flood insurance

premiums for the property

Previous flood events and/or flood

property damage

Any past flood insurance claims

Past flood insurance claim dates and

amount of damage

Any past disaster

related aid provided

Past disaster

related aid dates and

amounts

Other related disclosures (e.g., elevation

certificates)

Strength of Flood Risk Disclosure

Requirements

Rhode Island

1 0.5 1 0.5 0.5

3.5

South Carolina

1 0.5 1 1 1 1

5.5

South Dakota

1 0.5 1 0.5

Tennessee

0.5 1 1

2.5

Texas

1 1 1 1 1 0.5 1 0.5 1

Utah

Vermont

Virgin Islands

Virginia

0.5 0.5 1

Washington

1 0.5 1

2.5

West Virginia

Wisconsin

1 0.5 0.5 0.5

2.5

Wyoming

State Flood Risk Disclosure Best Practices

For Public Release 19

Appendix C: All State Statutes and Mandatory Disclosure

Forms

Table 2 provides links to the statutes and disclosure forms used in this analysis. This analysis

considered official state websites (e.g., “.gov” sites) to be authoritative. In some cases, state-

mandated disclosure forms were hosted on the state’s real estate commission site, which was also

considered authoritative. A few states’ references route through to third-party sites such as state

realtor’s associations or LexisNexis; these have been identified in italicized text.

Table 2: Links to Relevant Statutes and Forms

State Statute Number and Link Mandatory Disclosure Form Title and Link

Alabama Ala. Code § 34-27-36(a)(3) No form mandated by the state

Alaska Alaska Statutes § 34.70.010 Alaska Disclosure Statement

Arizona AZ Rev Stat 33-422, § 33-423 Arizona Disclosure Statement

Arkansas No state laws found No form mandated by the state

California California Code CIV 4.2.1.5-1102

and 4.2.1.7-1103

California Disclosure Statement

Colorado Colorado Title 38-35.7-101-110 Alaska Disclosure Statement

Connecticut Conn. Gen. Stat. Ann. § 20-327b Connecticut Disclosure Statement

Delaware Del. Code tit. 6, § 2572 Delaware Disclosure Statement

District of

Columbia

DC Code § 42-1302 District of Columbia Disclosure Statement

Florida FL Stat. § 475.278 No form mandated by the state

Georgia Georgia Title 44.1-16 No form mandated by the state

Hawaii Haw. Rev. Stat. §§ 508D-1, -4.5, -

7,-15

Hawaii Disclosure Statement

Idaho Idaho Code § 55-2508 Idaho Disclosure Statement

Illinois 225 Ill. Comp. Stat. 454/15-25 Illinois Disclosure Statement

Indiana Indiana Title 32.21.5-5 Indiana Disclosure Statement

Iowa Iowa Admin. Code r. 193E-14.1 Iowa Disclosure Statement

Kansas Stat. § 58-30,106(d) No form mandated by the state

Kentucky KY Rev Stat § 324.360(1), (2), (7) Kentucky Disclosure Statement

Louisiana LA Rev Stat § 9:3198 Louisiana Disclosure Statement

Maine Maine Rev. Stat. 32 § 13273(2)(A) No form mandated by the state

Maryland Md. Code Ann., Real Prop. § 10-

702

Maryland Disclosure Statement

Massachusetts 254 Mass. Code Regs 3.00(13)(c) No form mandated by the state

Michigan Mich. Comp. Laws §§ 565. 954,

957, 959

Michigan Disclosure Statement

State Flood Risk Disclosure Best Practices

For Public Release 20

State Statute Number and Link Mandatory Disclosure Form Title and Link

Minnesota Minn. Stat. § 513.55 No form mandated by the state

Mississippi Mississippi Code 89-1-501 Mississippi Disclosure Statement

Missouri Missouri Revised Statutes §

339.730(3)

No form mandated by the state

Montana MT Code § 37-51-313 No form mandated by the state

Nebraska Nebraska Revised Statutes § 76-

2,120(2) and (6); 302

Nebraska Disclosure Statement

Nevada NV Rev Stat §§ 113.130, 113.140 Nevada Disclosure Statement

New Hampshire NH Revised Statutes § 331-A:25-b No form mandated by the state

New Jersey NJ Admin Code 13:45A-29.1

New Jersey Disclosure Statement

New Mexico N.M. Code R. § 16.61.19.8 No form mandated by the state

New York New York Laws RPP § 462(2), 465 New York Disclosure Statement

North Carolina 21 NCAC § 58A.0114 North Carolina Disclosure Statement

North Dakota North Dakota Century Code §§ 43-

23-08.3 - 12.1

North Dakota Disclosure Statement

Ohio Ohio Revised Code § 5302.30 Ohio Disclosure Statement

Oklahoma Okla. Stat. Title 60, §§ 833, 836 Oklahoma Disclosure Statement

Oregon OR Rev Stat § 105.464(2) Oregon Disclosure Statement

Pennsylvania Pa. Code §§ 35.284a, .335a Pennsylvania Disclosure Statement

Puerto Rico No Laws Found No form mandated by the territory

Rhode Island R.I. Gen. Laws § 5-20.8-2 Rhode Island Disclosure Statement

South Carolina S.C. Code Ann. § 27-50-40(A) South Carolina Disclosure Statement

South Dakota SD Codified Law § 43-4-44 South Dakota Disclosure Statement

Tennessee Tennessee Code § 66-5-201-210 Tennessee Disclosure Statement

Texas Texas Property Code Title 2 Ch 5 Texas Disclosure Statement

U.S. Virgin

Islands

No Laws Found No form mandated by the territory

Utah UT Code § 57-23-6 No form mandated by the state

Vermont 26 VSA § 2296 No form mandated by the state

Virginia Code of Virginia § 55.1-703 Virginia Disclosure Statement

Washington RCW 64.06.020 and 64.06.015 Washington Disclosure Statement

West Virginia WV Code § 1-5-3 No form mandated by the state

Wisconsin WI Stat § 709.03 Wisconsin Disclosure Statement

Wyoming WY Stat § 33-28-3 No form mandated by the state